BILL ANALYSIS C.S.S.B. 810 By: Lucio Agriculture 03-15-95 Committee Report (Substituted) BACKGROUND As the state's agriculture economy diversifies, so does the need to address the various problems and opportunities Texas producers may encounter. Under current law, the Texas Department of Agriculture must ask the legislature for specific authority to develop and implement certification programs for agricultural products and production processes. This process can take two or more years. PURPOSE As proposed, C.S.S.B. 810 authorizes the Texas Department of Agriculture to establish certification programs for agricultural products and production processes. RULEMAKING AUTHORITY It is the committee's opinion that rulemaking authority is granted to the Texas Department of Agriculture under SECTION 1 (Sections 18.052 and 18.072, Agriculture Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 18, Agriculture Code, as follows: CHAPTER 18. New heading: CERTIFICATION AND AGRICULTURAL PRODUCT STANDARDS SUBCHAPTER A. ORGANIC STANDARDS AND CERTIFICATION Sec. 18.001-18.010. Make conforming changes. SUBCHAPTER B. AGRICULTURAL PRODUCT STANDARDS Sec. 18.051. PRODUCT CERTIFICATION PROGRAMS. (a) Authorizes the Texas Department of Agriculture (department) to establish certification programs relating to the protection, sale, advertising, marketing, transporting or other commercial handling of agricultural, horticultural, or related products in this state, if the department determines that a program is warranted to assure genetic purity, identity, or disease or pest resistance, or to help prevent the spread of insects, pests, disease, or pathogens. (b) Authorizes the department to regulate the use of the term "Texas Certified Product," other terms indicating product quality standards, and any symbols connected with such terms. Sec. 18.052. STANDARDS. Authorizes the department, by rule, to develop minimum certification standards for the administration and enforcement of this subchapter. Sec. 18.053. FEES. Authorizes the department to set fees that do not exceed the amounts reasonably necessary to enable the department to recover the costs of administering this subchapter. Sec. 18.054. CIVIL PENALTY; INJUNCTION. (a) Makes a violator liable for a civil penalty not to exceed $500 for each violation. Provides that each day a violation continues is a separate violation for the assessment of a civil penalty under this section. (b) Requires a civil penalty recovered under this section to be deposited in the general revenue fund. Requires a civil penalty recovered in an action instituted by a local government to be equally divided between this state and the local government, with 50 percent paid to the general revenue fund and 50 percent to the general fund of the local government. (c) Requires the attorney general or the county or district attorney of the county in which the violation is alleged to have occurred, on request of the department, to bring an action to collect the penalty. (c) Entitles the department to appropriate injunctive relief to prevent or abate a violation. Requires the attorney general or county district attorney to bring an action for the injunctive relief. Provides that venue for the action lies in the county in which the alleged violation is threatened or occurring. SUBCHAPTER C. AGRICULTURAL PRODUCTION PROCESS CERTIFICATION PROGRAM Sec. 18.071. AGRICULTURAL CERTIFICATION. Authorizes the department to establish voluntary certification programs relating to the protecting, selling, advertising, marketing, or related production processes in Texas. Authorizes the programs to be certified under this subchapter. Sec. 18.072. CERTIFICATION STANDARDS. Authorizes the department, by rule, to develop programs establishing minimum certification standards for production processes. Sec. 18.073. FEES. Authorizes the department to set fees in amounts not greater than necessary to recover the costs of administering this subchapter. Sec. 18.074. ADMINISTRATIVE PENALTY. Authorizes the department to assess an administrative penalty under Section 12.020 of this code if the department determines that a person is falsely claiming to be certified under this subchapter. SECTION 2. Amends Section 12.020(c), Agriculture Code, to include Chapter 18, Agriculture Code, among the provisions subject to this section, with a maximum penalty of $500. SECTION 3. Effective date: September 1, 1995. SECTION 4. Emergency clause.